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SOCIAL SECURITY ACT 1991 - SECT 542EA

Exemption from undertaking full - time study--death of person's partner

Claimants

  (1)   If:

  (a)   a person makes a claim for youth allowance on or after the commencement of this section; and

  (b)   the person makes the claim after the death of the person's partner on or after the commencement of this section; and

  (c)   if the person is a man or a woman who was not pregnant when her partner died--the person makes the claim in the period of 14 weeks starting on the day of the death of the partner; and

  (d)   if the person is a woman who was pregnant when her partner died--the person makes the claim:

  (i)   in the period of 14 weeks starting on the day of the death of the partner; or

  (ii)   in the period starting on the day of the death of the partner and ending when the child is born or the woman otherwise stops being pregnant;

    whichever ends later;

then the person has a death of partner exemption in respect of the period applicable under paragraph   (c) or (d).

Recipients

  (2)   If:

  (a)   a person is receiving youth allowance on or after the commencement of this section; and

  (b)   while the person is receiving youth allowance, the person's partner dies on or after the commencement of this section; and

  (c)   if the person is a man or a woman who was not pregnant when her partner died--the person notifies the Secretary of the person's partner's death in the period of 14 weeks starting on the day of the death of the partner; and

  (d)   if the person is a woman who was pregnant when her partner died--the person notifies the Secretary of the person's partner's death:

  (i)   in the period of 14 weeks starting on the day of the death of the partner; or

  (ii)   in the period starting on the day of the death of the partner and ending when the child is born or the woman otherwise stops being pregnant;

    whichever ends later; and

  (e)   the person is receiving youth allowance on the day of the notification;

then the person has a death of partner exemption in respect of the period applicable under paragraph   (c) or (d).

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